I need some advice on something...

[AdamD]

So, I have a share in a house, it's also owned by my brother and father
The deal was, my dad would put down 40k as a deposit on a house and we (my brother and I) would pay the mortgage
All sounded rosey and whatnot, but that is where the pretty picture went wrong.

It was a mistake for us to move in with each other, one of the worst mistakes in my life in all honesty and as a result, my brother has proven himself to be a worthless piece of living flesh.

He came home drunk on Sunday of last week after the football, he then went into the lounge and told my dad clearly and without remorse, he wanted nothing more to do with him, me or my 2 uncles.

At first, we thought it was "the drink talking", but unfortunatly, it wasn't

He hasn't spoken to either of us since then and he's basically forcing my dad out of our house

Our house is a three bedroom home, my dad currently sleeps in the lounge, because we have a lodger in the third room

If my dad doesn't move out or wants to stay, my brother said he'll move out and the lodger (his friend) will go with him, which leaves me and my dad by ourselves.
My dad is retired, can't work due to illness, so that basically means we'd lose the house
So it's either my dad moves out, or we lose our home, that's how bad it is

So as you can imagine, my brother doesn't speak to us, not a word, which makes for an....uncomfortable living arrangement
I don't have a job, so I can't move out, we can't sell the house so i'm stuck here with that retarded thing called my "brother" and his attitude.

My dad and I are the ones on the mortgage agreement, not my brother
But, his name is on the house deeds (From what I remember)

Can anyone offer some advice? I'd really appreciate it..

[Chris W]

It does really depend on who is the legal owner of the property, and who has names on the mortgage so worth checking on that.

If your brother and the lodger do move out, is there any reason why you can't get another lodger (or two) to help cover the costs of the mortgage?

Also, does your lodger have a shorthold tenancy agreement? If so, then you may be able to enforce this contract, to ensure that you obtain the rent for the remainder of the contract period.

---------- Post added at 20:48 ---------- Previous post was at 20:46 ----------

hmm... i'm trying to work remember back to when i studied land law as to whether your brother actually has any rights over the house- the only one i can think of is section 70(g) of the 1925 act- stating that persons in actually occupation of the property have an overriding interest, but if he moves out this obviously won't apply......hmm. *scratches head*

[AdamD]

It's definatly me and my dad on the mortgage
I'm 99% sure all three are listed on the house deeds, i'll have to check

The lodger is a friend of my brother's, so no agreement was written up/out.

[Jules]

This is always a bad idea because if one of the people gets married or moves in with some one then they want to let go of there share as they need the money to set up some were else.

The best I can advise is got to the CAB or to a solicitor as soon as possible

Good luck and I hope it all works out for you and your dad

[Chris W]

but in this case, the brother hasn't made any contribution has he?

He didn't pay the deposit, and his name isn't on the mortgage......

[AdamD]

Originally Posted by Chris W

but in this case, the brother hasn't made any contribution has he?

He didn't pay the deposit, and his name isn't on the mortgage......

No, except his half of the mortgage payment every month. (We both pay £375ish per month)

My dad was responsible for the deposit (So he could have a place to retire to)

It's a sad situation, how someone can disown half of his family over issues years in the past is alien to me.

[Kliro]

I'd suggest;

You getting a job (if possible)

Trying to get your brothers name off the deeds (as I'd find paying someone elses share unbearable)

Then trying to get a lodger or two to help with the mortgage repayments.

It probably couldn't hurt to explain the situation to your bank, to see if they could reduce the monthly payments??

Hope all goes well

[AdamD]

Yea, a job is something i'm working hard on, just not having much luck.

id suggest you let your brother leave straight away.Your dad stays down stairs and you get 2 more lodgers charging each 250 quid plus bill per month and your 125 quid a month better off job done

[AdamD]

I agree......eh
The problem I see is this, my brother is the type of guy who will turn against us
And he has the advantage, he owns most of the appliances in this house, including washing machine, kettle, toaster, fridge, all the cutlery and plates etc
Even if he does agree to move out, I know he'd "ban" us from using all of the above
And I don't know if my dad would want to live out of the living room indefinatly, heh.

tell him to take them with him if he doesnt then tell him they are abandoned

[AdamD]

Oh yea that's what will happen anyways i'd imagine, if not, we'd stick them in our garage.

[zoombini]

If he does go & take his appliances with him then join Freecycle and post a wanted for some of these appliances, after being on many of these groups I see them being offerred every week.

[etccarmageddon]

Originally Posted by AdamD

It's definatly me and my dad on the mortgage
I'm 99% sure all three are listed on the house deeds, i'll have to check

The lodger is a friend of my brother's, so no agreement was written up/out.

you can't have different people on the deeds compared to the mortage. if he's not on the mortgage then he's not on the deeds.

[AdamD]

Originally Posted by etccarmageddon

you can't have different people on the deeds compared to the mortage. if he's not on the mortgage then he's not on the deeds.

Really? hmm
I need to find those deeds tomorrow!